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Family Law

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Court of Protection Practice and Procedure Conference 2016

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24 JAN 2012

SURROGACY: Z v B, C and Cafcass [2011] EWHC 3181 (Fam)

(Family Division; Theis J; 2 December 2011)

The twins were born as a result of a surrogacy agreement with a clinic in India. The surrogacy agency was based in Israel , the egg donor from South Africa and the sperm from on the of the fathers . Same-sex Israeli parents applied for parental order under s 54 of HFEA 2008. The issue was whether the fathers were domiciled in England at the time of the application for a parental order.

Both parents relocated from Israel to the UK 2 years before the child's birth. Joint cohabitation and parenting agreements were signed in Israel prior to the move to the UK. The parents made arrangements to relocate to the UK.  When the children were born they were issued with Israeli passports in India and the parents took them to Israel to gain entry clearance to the UK. They were refused but were granted entry clearance for one year and the children were due to arrive in UK imminently.

The evidence showed intention to permanently relocate to UK. A home was identified for rental, furniture purchased, arrangements for dog to be brought to UK and they were domiciled for tax purposes.  Domicile and jurisdiction of English court established.

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